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2021 (6) TMI 467 - HC - Indian LawsDishonor of Cheque - failure to make repayment of loan taken from a friend - rebuttal of presumption - payment of loan was not established - HELD THAT:- Since the accused neither overcome the objection raised by the complainant nor could able to demonstrate as to how the said Note book act as an evidence about the alleged clearance of the loan of ₹ 6 lakhs, which is the subject matter of the present case, the said Note book at Ex.D-5 would not enure to the benefit of the accused. Therefore, the accused could not able to demonstrate that she has cleared the loan of ₹ 6 lakhs availed by her from the complainant. By looking at the entries mentioned therein showing several withdrawals, payments, credits etc., it cannot be deduced that any particular sum, on any particular day, was made to the complainant by the accused. Merely by looking at the name of the complainant in those statements, it cannot be inferred that those are the payments made by the accused to the complainant and complainant alone, that too, towards the alleged repayment of the loan transaction in question. Furthermore, admittedly the said document was not confronted to PW-1 in his cross-examination. Had the said document been confronted to PW-1 in his cross-examination, he would have given his explanation about the alleged entries, provided his attention were drawn to those entries in the said statement. Since none of those exercise is done by the accused, merely by production of the said statement, which is not self-explanatory regarding the alleged payment said to have been made in favour of the complainant, it cannot be held that the accused had made substantial repayment of the loan to the complainant. There are no erversity, illegality or irregularity in the said finding of the trial Court and the Sessions Judge's Court. As such, the judgment of conviction does not warrant any interference at the hands of this Court - The trial Court has sentenced the accused to pay a fine of ₹ 7,20,000/-, in default of payment of fine amount, to undergo simple imprisonment for a period of six months. It has further ordered that, out of the said fine amount, the accused shall pay ₹ 7,15,000/- to the complainant as compensation under Section 357 of Cr.P.C. and remaining ₹ 5,000/- to be remitted to the State as fine. The Criminal Revision Petition is partly allowed.
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